General terms

General terms

(version Thursday, March 2, 2017)

Thank you for visiting the website of GuardSquare NV (the “Website”), with registered office at Tervuursevest 362/1, 3000 Leuven, Belgium, VAT-BE-0550.675.829 (hereafter referred to as "we", “us”, “our”, and “GuardSquare”). The terms “you” and “your” refer to the user visiting the Website.

This Website is made available to you subject to your acceptance without reservations of all the terms, conditions, and notices set forth and referenced below (collectively, the "Agreement"). By visiting this Website, you agree to be bound by the following Terms of Use. Please read the Agreement carefully. If you do not accept all of its terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to modify the Agreement without prior notice, and your continued access or use of this Website will signify your acceptance of the modified Agreement.

The Website is provided to you for information purposes only.

Your use of the Website

This Website, and the content and information on this Website (including (without limitation) documents, pictures, drawings, logos, and other media data, text, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. Except as may be expressly stipulated otherwise on the Website, we (or our licensors) own all rights, title and interest, including any intellectual and industrial property rights (including (without limitation) copyright, database rights, trademarks, know-how, sui generis rights), in the Website and its content. These materials are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You may only use this Website in the manner that is intended, for reviewing the information that we presented in it. You may not damage the website servers. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any material obtained from or through this Website without our express prior written consent. Additionally, you agree not to:

(i) use this Website or its content for any commercial purpose;

(ii) access, monitor or copy any content on this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

(iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;

(iv) take any action that imposes, or may impose, as determined at our discretion, an unreasonable or disproportionately large load on our infrastructure and not to engage in any activity that interferes with or disrupts our servers and networks;

(v) deep-link to any portion of this Website for any purpose without our express written permission;

(vi) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization;

(vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by GuardSquare in connection with the Website;

(viii) use another person’s/entity’s user account details without permission to log in to customer specific portions of the Website;

(ix) use GuardSquare’s trade names, trademarks, service marks, logos, domain names or other distinctive brand features without our express prior written consent;

(x) attempt to gain unauthorized access to our servers, or interfere with the use of this Website by other visitors.

If you believe in good faith that materials made available by us infringe your (intellectual or industrial) property rights, please let us know by emailing us at helloworld@guardsquare.com, and provide us with the following information in the following format:

1) A clear identification of the copyrighted work or other intellectual property you claim was infringed.

2) A clear identification of the material you claim is infringing the copyrighted work or other intellectual property, and information that will allow us to locate that material on the Website, such as a link to the infringing material.

3) Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.

4) Include the following statement: "I have a good-faith belief that the material that is claimed as IPR infringement is not authorized by the IPR owner, its agent, or the law."

5) Include the following statement: "I hereby confirm, acting in good faith, that the information in this notification is accurate and that I am the IPR owner of, or am authorized to act on behalf of the IPR owner in respect of, an exclusive right that is allegedly infringed."

6) The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that we may hold you liable for damages and costs (including legal costs and attorneys’ fees) suffered or incurred by us as a result of you making a false claim of IPR infringement.

Links to third-party sites

This Website may contain hyperlinks to websites operated by parties other than GuardSquare. Such hyperlinks are provided for your reference and convenience only. We do not control such websites and are not responsible for, nor do we make any representations or warranties as regards their contents or the privacy or other practices of such websites. GuardSquare has not reviewed these websites and therefore cannot and does not make any representation regarding the quality or reliability of such sites and their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of such website or the material, advertisements or links contained on such websites, or any association with their operators. GuardSquare disclaims all liability in this respect, to the maximum extent permitted by law.

Software

This Website may provide access to software for download. The software and its documentation are protected by intellectual and industrial property rights, and GuardSquare (or its licensors) own all rights, title and interest, including any intellectual and industrial property rights (including (without limitation) copyright, database rights, trademarks, know-how, sui generis rights), in such software copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You may not install or use such software unless and until you agree to the terms of the accompanying license agreement, and your only use of the software shall be exclusively governed by under the terms of the accompanying license agreement.

Privacy

Please refer to our Privacy Policy for information on how we respect and protect your privacy.

Disclaimer

The material published on this Website may include inaccuracies or errors. GuardSquare does not represent or warrant the accuracy, currency, completeness or availability of, and disclaims all liability for any errors or inaccuracies in, or incompleteness or unavailability of, such material.

GuardSquare makes no representations or warranties regarding the suitability of the material contained on this Website for any purpose. All such material is provided 'as is', without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement or fitness for a particular purpose. GuardSquare disclaims all warranties and representations that this Website, its servers or any material available on the Website are free of viruses or other harmful components. GuardSquare makes no warranty (i) that the Website will meet your requirements or expectations, (ii) that the Website will be available on an uninterrupted, timely, secure or error-free basis, and (iii) that the results that may be obtained from your use of the Website or any content offered through the Website will be accurate or reliable.

This Agreement and the foregoing disclaimer do not affect any mandatory legal rights that cannot be excluded under applicable law.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall we be liable for any damages (including, without limitation, loss of income, revenue or profits, opportunity loss, loss of anticipated savings, reputational damage, business interruption, or loss or corruption of data) arising out of or in any way connected to the Website, including (without limitation) your access or use of or reliance on the Website, or your inability to access or use our Website or any material made available through the Website, your reliance on the Website or any material made available through it, or any computer viruses or linked sites, whether based on a theory of negligence, contract, tort, strict liability, or otherwise, even if you have been advised of the possibility of such damages.

These limitations of liability shall inure to the benefit of GuardSquare, its affiliates, their successors and assigns, and the employees, agents, directors, officers and representatives of any of the foregoing.

You agree to defend and indemnify GuardSquare, its affiliates and any of their officers, directors, employees, agents, and representatives, on a full indemnity basis and at GuardSquare’s first request, from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses brought by third parties as a result of (i) your breach of this Agreement, (ii) your violation of any law or the rights of a third party, or (iii) your use of this Website in breach of the terms of the Agreement.

General

This Agreement shall be exclusively governed by the laws of Belgium, without regard to its conflict of law principles. You hereby consent to the exclusive jurisdiction and venue of the courts of Leuven, Belgium, in all disputes arising out of or relating to (the use of) this Website and this Agreement.

To the extent such limitation is not prohibited under applicable law, you agree that you will bring any claim or cause of action arising from or relating to this Website and this Agreement within one (1) year from the date on which such claim or action arose, failure of which shall result in such claim or cause of action being deemed irrevocably waived and lost.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the Agreement shall otherwise continue in full force and effect.

Our failure to exercise any of our rights hereunder or enforce any of the provisions of this Agreement shall not operate as a waiver of such rights or provisions.

The Agreement constitutes the entire agreement between you and GuardSquare with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and GuardSquare with respect to this Website. A printed version of this Agreement and of any notice given in electronic or written form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted herein are reserved to GuardSquare.

GuardSquare may make changes to this Website, or discontinue the Website, at any time and without notice, without any liability.